BILL ANALYSIS �
AB 1319
Page 1
Date of Hearing: May 1, 2013
ASSEMBLY COMMITTEE ON AGRICULTURE
Susan Talamantes Eggman, Chair
AB 1319 (Eggman) - As Amended: March 18, 2013
SUBJECT : Bovine animals: brucellosis: slaughter: indemnity.
SUMMARY : Revises and recasts indemnity payments for
brucellosis reactive and non-reactive cattle, eliminating the
state's payment for slaughtered animals. Specifically, this
bill :
1)Strikes existing language and recasts it stating if an animal
is slaughtered pursuant to this article, and indemnity funds
are available, the owner can receive part or all of the
following:
a) Proceeds from the sale of the salvaged animals; and/or,
b) Proceeds from the United States Department of
Agriculture (USDA) that are authorized to be paid from any
appropriation made to assist in the eradication of
brucellosis in cattle in this state.
2)Strikes existing language and recasts it as requiring the
value of non-reacting animals slaughtered to be determined by
appraisal by a representative California Department of Food
and Agriculture (CDFA), or a representative of the
Agricultural Research Service of USDA and by the owner or
their representative. If there is disagreement on the
valuation, it shall be appraised by the chief appraiser of
CDFA or their representative, and that value is determined to
be final.
3)Permits the owner of a non-reactive animals slaughtered
pursuant to this article, and if indemnity funds are
available, the owner can receive part or all of the following:
a) Proceeds from the sale of the salvaged animals; and/or,
b) Proceeds from USDA that are authorized to be paid to the
owner from any appropriation made to assist in the
eradication of brucellosis in cattle in this state.
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EXISTING LAW authorizes CDFA to establish brucellosis control
areas for the eradication of the disease in accordance with
uniform methods and rules adopted by USDA; authorizes access to
property, except homes, for testing animals and prohibits the
interference thereof; and, provides procedures and
requirements for testing and slaughter of animals. For reactive
animals (infected), the statutes provide that valuations are
determined by appraisal by CDFA or USDA, and the owner or their
agent; provides the owner of the slaughter animal to receive
payment from the proceeds of the slaughtered animal as well as
from the state, one-half of the difference between appraised
value and proceeds of slaughter animal and indemnity by USDA,
but never to exceed three hundred ($300) per animal, and from
USDA, any sum authorized to be paid from any appropriation made
to assist in eradicating brucellosis. For exposed non-reactive
animals, the statutes provide that valuations are determined by
appraisal by CDFA or USDA, and the owner or their agent;
provides the owner of the slaughtered animal to receive the
difference between the appraised value and the proceeds of the
slaughtered animal, but shall not exceed four hundred dollars
($400) for grade animals or five hundred dollars ($500) for
purebred animals, less the indemnity paid by USDA from any sum
authorized to be paid from any appropriation made to assist in
eradicating brucellosis. Statutes provide grounds for
non-payment of reactive and non-reactive animals.
FISCAL EFFECT : Unknown. Legislative Counsel has keyed this
bill fiscal.
COMMENTS : Brucellosis is a non-curable, contagious disease of
ruminant animals (mainly cattle, bison and swine) that can cause
the infected animals to have decreased milk production, weight
loss, loss of young, infertility, and lameness, making it one of
the most serious diseases of livestock. This disease, that can
spread rapidly and is transmissible to humans, makes it a more
serious and costly concern to the state. Due to these factors,
treatment of the disease is by eradication of infected animals
and those animals exposed to infected animals or their
environment.
There are no effective means to detect infected animals by their
appearance, but by testing blood samples. The disease is spread
by contact with an infected animal or by an infected animal
contaminating their environment through discharge of fecal
matter or mucus. Brucellosis incubation period is quite
AB 1319
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variable, from two weeks, to seven or eight months, or even
longer. The purpose of the control areas is to regulate the
movement of animals in order to prevent exposure or contact
during the long incubation period.
The Cooperative State and Federal Brucellosis Eradication
Program has been developed to eradicate this disease from the
country. It established uniform methods and rules for states to
achieve eradication. Historically, California had funds to
participate in funding eradication but in recent years of budget
shortfalls and significant reductions to the state's General
Fund and CDFA's budget, these funds have been eliminated. Due
to these facts, the statute needs to be changed to reflect
non-state participation in indemnity program funding.
REGISTERED SUPPORT / OPPOSITION :
Support
California Grain and Feed Association
Opposition
None on file.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084